Constitution 101

[B-Dub]

Presented by Hillsdale college
ill post a new video every day. hopefully youll all watch and learn something

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“The American Mind”
Overview

America’s Declaration of Independence, Thomas Jefferson said, was the product of “the American mind.” Our Constitution was made with the same purpose as the Declaration—to establish a regime where the people are sovereign, and the government protects the rights granted to them by their Creator.

The word “constitution” means “to ordain and establish something.” It also means “to set a firm thing strongly in place.” It is linked to two other words: statute and statue. All three words—constitution, statute, and statue—connote a similar idea of establishing something lasting and beautiful.

The Constitution, then, is a work of art. It gives America its form. To fully know the “cause,” or purpose, of America, one must know the Declaration of Independence. Thomas Jefferson, its author, mentioned four thinkers for their contribution to molding “the American mind”: Aristotle, Cicero, Algernon Sidney, and John Locke.

Studying these philosophers is a wondrous task in itself, and it greatly helps our understanding of America, just as it informed the statecraft of the Founders. Knowing the meaning of the Declaration and Constitution is vital to the choice before us today as to whether we will live under a Constitution different than the one bequeathed to us.

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“The Declaration of Independence”
Overview

The soul of the American founding is located in the enduring political principles expressed in the Declaration of Independence. The meaning of these principles, especially equality, is decisively different than the definition given to those principles by modern progressivism.

Equality means that nature ordains no one to be the ruler of any other person. Each human being is also equal in his natural rights to life, liberty, property, and the pursuit of happiness. These rights are inalienable and possessed simply by virtue of being human.

Equality, liberty, and natural rights require that legitimate government be republican. The truth that all human beings are born free, equal, and independent means that a just government must be based on the consent of the governed—a consent which must be expressed through ongoing elections. The political theory of the Declaration of Independence requires that government secure the natural rights of the citizens through adopting and enforcing criminal laws; adopting and enforcing civil laws regarding property, family, education, and provision for the poor; and providing for national defense.

If the regime fails to operate according to these principles, the people have a right and duty to alter or abolish the government and establish a new government which will secure rights through the consent of the governed.

The people thus play a vital role in protecting their rights. They must be educated in “religion, morality, and knowledge.” A people that is not virtuous will not be able to perpetuate free government.

Modern liberalism uses the same language of “equality” as the Declaration of Independence. Yet modern liberals mean something altogether different than what the Founders meant by those words. For the Progressives, “equality” means that government must redistribute wealth to provide equal access to resources. This idea necessitates government programs that help mankind liberate itself from its “natural limitations.”

The Declaration of Independence and modern Progressivism are fundamentally opposed to each other. The modern misunderstanding of “equality” threatens the whole of the American constitutional and moral order.

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“The Problem of Majority Tyranny”

Overview

America was governed under the Articles of Confederation from 1781 to 1789. Unable to redress the problem of “majority tyranny,” the Articles were abandoned in favor of the Constitution, which created a “more perfect union.”

[Paul Pederson]

Hey!! I just took this course online!! I was also accepted to Hillsdale, but I isn't feasible for me to move to Michigan.

[B-Dub]

if i had the money and time id love to go to school there, but with the line of work ive been doing there's just no benefit to go to college.

[B-Dub]

“The Separation of Powers: Preventing Tyranny”
Overview

Separation of powers is the central structural feature of the United States Constitution. The division of power among the three branches—legislative, executive, and judicial—is necessitated because human beings are imperfect. The imperfection of human nature means that well-structured government is necessary, though not sufficient, to prevent tyranny.

The United States Constitution is structurally designed in part to prevent tyranny. Separation of powers is the means by which power is divided and its accumulation in the hands of any single entity denied.

During the 1780s, most states had constitutions that formally divided the government’s power, yet in practice the legislatures dominated. The state constitutions required separation of powers in theory, but failed to deliver it in reality. As a result, the constitutions were little more than what Publius called “parchment barriers.”

In order for separation of powers to work, each branch of government must have the “constitutional means” to resist the encroachment of the other branches. This is what today we call “checks and balances.”

In addition to institutional checks and balances, there exist also the “personal motives” of people that will lead them to resist the encroachment of the other branches. Human nature is constant across the ages, according to Publius, and human beings are naturally ambitious. Instead of ignoring or attempting to suppress ambition, the Framers sought to channel it through the Constitution, so that it might serve the cause of liberty and justice rather than threaten it.

The Framers understood that human nature has noble characteristics that are essential to self-government, but also that it contains baser features, for which government must account. The Constitution’s structural separation of powers recognizes this truth, and in preventing tyranny makes self-government possible.

[MikeM]

Im reading the cliff notes every night but I dont have time to watch long vids

[B-Dub]

find time. the cliff notes are nothing compared to the videos. i know some of these are boring but trust me, this is good stuff.

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“The Separation of Powers: Ensuring Good Government”
Overview

The separation of powers helps to ensure good government at the same time it guards against tyranny. Independent in function but coordinated in the pursuit of justice, the three branches of government—legislative, executive, and judicial—must each have enough power to resist the encroachment of the others, and yet not so much that the liberty of the people is lost.

A political regime has three dimensions: the ruling institutions, the rulers, and the way of life of the people. In America, the rulers—the people themselves—and their ruling institutions—staffed by the people’s representatives—aim at securing the Creator-endowed natural rights of all citizens. The Framers did this in two ways. “Vertically” considered, our ruling institutions are defined by federalism, or the division of power between the national, state, and local governments. “Horizontally” considered, the ruling institutions of the federal government itself are separated and co-equal.

In the American regime, the Constitution is the “supreme law of the land.” No one branch is superior to it; all three branches have a duty to abide by it. While each of the three branches plays a unique role in the passage, execution, and interpretation of laws, all of the branches must work together in the governing process.

The legislative branch is closest to the people. It is also the branch in which the danger of majority tyranny lurks. The passions of the people are reflected most in the House of Representatives, where the members are elected for terms of two years. The Senate, with its six year terms, was designed to be a more stable legislative presence than the House.

The defining characteristic of the executive is “energy.” The president can act swiftly and decisively to deal with foreign threats and to enforce the law, and can also provide a check on legislative tyranny through the veto.

Members of the judiciary, the third branch of government, must exercise judgment in particular cases to secure individual rights. Through “judicial review,” the judiciary is given the authority to strike down laws that are contrary to the Constitution. But judicial review is not judicial supremacy; even the Supreme Court must rely upon the other branches once it has rendered judgment.

The checks that each branch can exercise against the encroachment of the others ultimately protect the liberties of the people. The separation of powers promotes justice and good government by having each branch perform its proper function. This institutional design allows the sovereign people to observe and to know which branch is responsible for which actions in order to hold each to account. The sense of mutual responsibility built into the separation of powers is a reflection of the moral and civic responsibility all Americans share.